Given Greater Sudbury's vast geographic area, a significant proportion of the
municipality ... Ontario Building Code standards for permanent dwellings are met;
c.
5.0 Rural Areas Given Greater Sudbury’s vast geographic area, a significant proportion of the municipality is comprised of Rural Areas. Although some areas are partially serviced by municipal water, most rural households, businesses and farms rely on private water and sewage disposal systems. There is no intention to expand services to these areas. Due to these constraints, Rural Areas require well-defined policies that protect existing uses while recognizing that the focus of future development will be fully serviced areas within Communities. The Rural Areas designation supports this overall concept, while also striving to protect those qualities that make Rural Areas special for their waterfront areas, open space, natural features, and resource potential. The intent of this designation is to accommodate a variety of land uses that are appropriate for a rural location, especially those that provide rural economic benefits that are balanced with protection of the natural environment and the agricultural resource base. Intensive development of these lands is not desired, as more suitable locations within Communities have been identified for urban growth. Rural Areas are shown on Schedules 1a, 1b and 1c, Land Use Map.
5.1
OBJECTIVES
It is the objective of the Rural Area policies to:
52
a.
provide an efficient and orderly pattern of land use in Rural Areas, reducing land use conflicts and requiring minimal municipal services;
b.
ensure that all development is adequately serviced and does not negatively impact the environment;
c.
encourage a strong rural economy with a range of rural uses and activities;
d.
recognize the importance of agriculture, silviculture and other rural land uses to the economy; and,
e.
preserve the cultural and historical attributes of rural areas.
5.2
RURAL AREA DESIGNATION
Rural Areas contain a variety of land uses, such as farms, woodlots and forests, small industry, and clusters of rural residential development. These areas also provide for outdoor recreation opportunities such as snowmobiling, skiing, hiking, canoeing, and other activities in natural areas.
Policies 1.
The following uses are permitted within the Rural Areas designation: a.
residential uses;
b.
agricultural uses;
a.
conservation, open space and natural resource management activities;
b.
mineral exploration;
e.
rural industrial/commercial uses;
f.
resort and shoreline commercial uses; and,
g.
public uses including hydroelectric generation and associated facilities.
2.
Waterfront development in Rural Areas must also comply with the policies of Section 8.5, Surface Water Resources.
3.
All new farm and non-farm development in the Rural Areas designation will comply with the Minimum Distance Separation (MDS) formulae established by the Province in order to minimize conflicts between livestock facilities and surrounding development.
53
5.2.1
Rural Residential
Residential uses in Rural Areas typically take the form of rural strip development along municipal roads, as well as permanent and seasonal waterfront residences located along the shorelines of non-urban lakes. Although some linear residential development along municipal roads is partially serviced by municipal water, most households are not connected to municipal services.
Policies
54
1.
Rural residential development consistent with the character of surrounding existing uses is permitted, provided no additional public services*, including the extension of existing or creation of new partial services* would be required. (2007 MMAH Mod #5)
2.
One single detached dwelling is permitted on any existing lot, provided that it fronts onto a public road that is maintained year-round. The lot must also have the capability to provide an individual on-site sewage disposal system and water supply with both quantity and quality suitable for domestic uses.
3.
Seasonal residential uses are permitted on waterbodies that have public water access with adequate off-street parking and boat docking facilities.
4.
The conversion of existing seasonal dwellings to permanent use is permitted provided that: a.
the dwelling has frontage on a public road maintained year-round;
b.
Ontario Building Code standards for permanent dwellings are met;
c.
minimum lot size requirements of the Zoning By-law have been satisfied;
d.
approval is obtained for a Class 4 sewage system; and,
e.
there is an adequate supply of potable water.
5.
This Plan contemplates a seasonal residential zone in the implementing Zoning By-law. New lots proposed for seasonal residential use may be permitted in the Rural Areas designation on waterbodies subject to rezoning.
6.
Based on watershed and lake studies, the Zoning By-law may set different density standards for waterfront developments on different lakes according to their lake and watershed development capacity and ecological sensitivity to development.
7.
An individual mobile home unit is allowed where a single detached dwelling would be permitted, provided that it is built in accordance with the Ontario Building Code.
*8.
A Garden Suite is allowed in accordance with Section 3.2.9. Despite these policies a mobile home may be used as a Garden Suite if it is built on its own foundation and in accordance with the Ontario Building Code. None of these policies are intended to result in the creation of new residential lots in the Rural Area.* (OPA #2)
5.2.2
Rural and Waterfront Lot Creation
Policies on lot creation in Rural Areas are required to mitigate the pressures inherent to unserviced development and the environmental impact of private septic systems. Consistent with the objective to concentrate development within fully serviced Communities, limits on the location, size and number of lot severances in Rural Areas are established.
Policies 1.
New lot creation for rural residential development is not permitted on those lands restricted by: a.
the Mining/Mineral Reserve;
55
2.
3.
56
b.
the Aggregate Reserve;
c.
the Flood Plain; or
d.
significant natural features *and areas*. (2007 MMAH Mod # 6a)
For new lots not on a lake or watercourse, the following lot creation policies apply: a.
The severed parcel and the parcel remaining must have a minimum size of 2 hectares (5 acres) and a minimum *public road* frontage of 90 metres (295 feet). (2007 MMAH Mod # 6b)
b.
Regardless of the size and frontage of the parent parcel, no more than three (3) new lots may be created from a single parent rural parcel based on the date of the adoption of this Plan.
For new lots located on a lake or watercourse, the following lot creation policies apply: a.
Excluding those lakes/areas covered by Chapter 21.0, Special Policy Areas, new lots on lakes and watercourses in Rural Areas will be a minimum 0.8 hectare (2 acres) in size and have a minimum water frontage of 45 metres (148 ft.), unless detailed waterbody studies indicate a change in the standard. The appropriate regulations will be set out in the Zoning By-law.
b.
New lots for permanent waterfront residential use must front onto a public road that is maintained year-round.
c.
New lots for seasonal waterfront residential uses are permitted on lakes with public water access with adequate off-street parking and boat docking facilities.
d.
4.
Dwellings and accessory buildings must be set back to appropriate levels based on individual lake and watercourse conditions and regulations set out in the Zoning By-law (see additional water resource policies in Section 8.5).
Where applicable, all rural residential severances must also comply with the Minimum Distance Separation (MDS) formulae established by the Province in order to minimize conflicts between residential development and adjacent livestock facilities.
5.2.3
Mobile Home Parks
The majority of existing mobile home parks in the City are located in unserviced, rural areas. Due to servicing concerns, no new mobile home parks are permitted. Existing mobile home parks that are already zoned will continue to be recognized in the Zoning By-law.
5.2.4
Agriculture, Conservation and Natural Resource Management
Rural Areas can accommodate a number of uses that are compatible with the natural setting and extensive open space areas, as well as existing uses such as farming. Activities related to outdoor recreation, agriculture, and natural resource management are considered appropriate within a rural setting.
Policies 1.
Rural Areas may be used for recreational purposes that are primarily outdoororiented. Silviculture, reforestation and those activities related to the conservation or management of the natural environment are permitted.
2.
Agricultural uses are permitted in Rural Areas. Agricultural uses are defined as the growing of crops, including nursery and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; and maple syrup. Compatible
57
resource uses such as forestry, and small-scale commercial and industrial uses that are directly related to farm operations are permitted in this designation. 3.
Agriculture-related commercial and agriculture-related industrial uses that are small in scale and directly related to the farm operation such as a grain drying, handling and storage facility; and secondary uses such as value-added agricultural products such as custom meat shops, pick-your-own operations, produce market and parking operations, home occupations, home industries, and other similar agri-business, are permitted in Rural Areas.
5.2.5
Rural Industrial/Commercial
Some limited rural industrial/commercial uses are permitted in Rural Areas, particularly those activities that provide rural economic benefits that are balanced with protection of the natural environment and the agricultural resource base.
Policies
58
1.
Rural industrial/commercial uses are generally resource-based and may include agriculture, dry industrial/commercial uses, and forestry.
2.
Pits and quarries are permitted in appropriately zoned areas.
3.
Rural industrial/commercial sites are to be located with adequate separation distances from residential areas, and provide proper buffering and landscaping along Arterial Road frontages. Entrances are restricted to Secondary Arterial and Local Roads, and no temporary structures, outside storage or sales displays may be visible from the frontage of abutting roads. All such development is subject to rezoning and site plan control.
4.
New resource-related industries should not impact the natural resource base. Rural industrial/commercial uses must generate limited amounts of wastewater and minimize land use conflicts.
5.
Small home-based manufacturing operations (cottage industries) such as pottery, repairs or cabinetmaking are permitted subject to appropriate controls in the Zoning By-law to minimize impacts on adjacent uses. Merchandise offered for sale must be manufactured on the property.
6.
Hunt and fishing camps are permitted in Rural Areas. Such camps will proceed by way of an amendment to the Zoning By-law in order to address specific location, access and development provisions. Hunt and fishing camp lot sizes will be of sufficient size and possess terrain suitable to accommodate the proposed use.
5.2.6
Resort and Shoreline Commercial
Resort and shoreline commercial uses in rural and waterfront areas are permitted as a means of expanding the tourism sector and providing increased recreational opportunities. Additional policies are established to mitigate the impacts of development on lake water quality.
Policies 1.
Permitted uses may include resort hotels, lodges, tourist-oriented accommodations and uses, campgrounds, trailer parks, marinas, sale and rental of boats and related equipment, ski, fishing and camping shops, restaurants, outdoor recreational uses, related accessory uses and existing uses.
2.
All resort and shoreline commercial applications will be subject to rezoning and site plan agreement procedures.
3.
Limits for upgrading, expansion or redevelopment of these commercial uses will be established in the Zoning By-law. Any new commercial land use or expansion of an existing use may require an amendment to the Zoning By-law in order to guide the scale, size and density of the development, and recognize and respond to the characteristics of the particular site. Consideration of a new commercial use through an amendment to the Zoning By-law will ensure that:
59
a.
the site is suitable for the use proposed in terms of density, intensity, location of buildings and structures, and type of facilities;
b.
where development occurs in areas not fully serviced, resort and shoreline developments are to be serviced by an adequate sewage disposal system;
c.
a hydrogeological assessment may be required to assess the impacts of development and ensure an adequate supply of potable water;
d.
access routes can accommodate additional traffic if required;
e.
the proposed use is compatible with surrounding properties and will provide adequate buffering if required; and,
f.
impacts on the lake that result from the year-round activities associated with the resort development are considered *and mitigated*.
*4*.
The Zoning By-law will ensure that resort and shoreline commercial development on lakes and watercourses has water frontage that is adequate and suitable for the use proposed.
*5*.
Existing resort and shoreline commercial uses within Living Areas shall be considered a permitted use in the Zoning By-law.
(2007 MMAH Mod #7)
60
